(217) 782-9817
TDD : (217) 782-9143
August 2, 2006
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Re:
Illinois Environmental Protection Agency v
. Landfill 33 Ltd, Richard Deibel and Brian
Haves
IEPA File No
. 142-06-AC, 0498100007-Effingham County
Dear Clerk Gunn :
Enclosed for filing with the Illinois Pollution Control Board, please find the original and nine
true and correct copies of the Administrative Citation Package, consisting of the Administrative
Citation, the inspector's Affidavit, and the inspector's Illinois Environmental Protection Agency
811 Solid Waste Landfill Inspection Checklist, issued to the above-referenced respondent(s)
.
On this date, a copy of the Administrative Citation Package was sent to the Respondent(s) via
Certified Mail
. As soon as I receive the return receipt, I will promptly file a copy with you, so
that the Illinois Pollution Control Board may calculate the thirty-five (35) day appeal period for
purposes of entering a default judgment in the event the Respondent(s) fails or elects not to file a
petition for review contesting the Administrative Citation
.
If you have any questions or concerns, please do not hesitate to contact me at the number above
.
Thank you for your cooperation .
Sincerely,
Michelle M. Ryan
Assistant Counsel
Enclosures
ROCKFORD-4302 North Main Street, Rockford, IL 61103-(815) 987-7760 • DES PLAINES-9511 W . Harrison St ., Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131
• PEORIA-5415 N . University St ., Peoria, IL 61614-(309) 693-5463
BUREAU OF LAND - PEORIA -
7620 N . University St ., Peoria, IL 61614-(309) 693-5462 • CHAMPAIGN - 2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S . Sixth Street Rd ., Springfield, IL 62706-(217) 786-6892
COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MARION - 2309 W . Main St.,
Suite 116, Marion, IL 62959 - (618) 993-7200
PRINTED oN RECYCLED PAPER
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397 J0
0 7 2006
JAMES R . THOMPSON CENTER, 100 WEST RAN DOLPH, SUITE
11-300,
CHICAGO, IL 60601 -(312) 814-6c9TATE
OF ILLINOIS
ROD R . BLAGOIEVICH, GOVERNOR
DOUGLAS
P . SCOTT, DIRECTOR
Pollution Control Board
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC o1
-ICOY
v .
)
(IEPA No . 142-06-AC)
LANDFILL 33 LTD.,
RICHARD DEIBEL )
and BRIAN HAYES,
)
Respondents.
)
NOTICE OF FILING
To:
Landfill 33 Ltd .
Richard Deibel
1713 South Willow St .
804 Glenwood
P.O. Box 703
Effingham, IL 62401
Effingham, IL 62401
Brian Hayes
1713 South Willow St
.
Effingham, IL 62401
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois the following instrument(s) entitled ADMINISTRATIVE
CITATION, AFFIDAVIT, and 811 SOLID WASTE LANDFILL INSPECTION CHECKLIST
.
espectfully submitted,
Miche le M . Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: August 2, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
AUG 0 7 2006
PollutionSTATE
Control
OF
ILLINOIS
Board
LANDFILL 33 LTD
., RICHARD DEIBEL and)
BRIAN HAYES,
)
Respondents.
)
JURISDICTION
This Administrative Citation is issued pursuant to the authority vested in the Illinois
Environmental Protection Agency by Section 31
.1 of the Illinois Environmental Protection Act, 415
ILCS 5/31 .1 (2004) .
FACTS
1 .
That Landfill 33 Ltd
. and Richard Deibel are the permitted owners, Landfill 33 Ltd . Is
the permitted operator, Richard Deibel is the Chief Operator in responsible charge and Brian Hayes
is the certified operator (collectively "Respondents") of a facility located at 1713 South Willow
Street, Effingham County, Illinois .
2.
That said facility is a sanitary landfill, operating under Illinois Environmental
Protection Agency Permit No
. 1995-231-LFM, and is designated with Site Code No
. 0498100007
.
The facility is commonly known to the Illinois Environmental Protection Agency as
Effingham/Landfill 33 Ltd .
3.
That Respondents have owned/operated said facility at all times pertinent hereto
.
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
V .
)
(IEPA No. 142-06-AC)
4
. That on June 29, 2006, Deanna Oarlock of the Illinois Environmental Protection
Agency's Champaign Regional Office inspected the above-referenced facility
. A copy of her
inspection report setting forth the results of said inspection is attached hereto and made a part
hereof.
VIOLATIONS
Based upon direct observations made by Deanna Carlock during the course of her June 29,
2006 inspection of the above-referenced facility, the Illinois Environmental Protection Agency has
determined that Respondents violated the Illinois Environmental Protection Act (hereinafter, the
"Act") as follows :
(1) That Respondents conducted a sanitary landfill in a manner which resulted in uncovered
refuse remaining from the previous operating day or at the conclusion of any operating
day, a violation of Section 21 (o)(5)
of the Act, 415 ILCS 5/21 (o)(5)
(2004).
CIVIL PENALTY
Pursuant to Section 42(b)(4) of the Act, 415 ILCS 5/42(b)(4) (2004), Respondents are
subject to a civil penalty of Five Hundred Dollars ($500
.00) for each of the violations identified
above, for a total of
Five Hundred Dollars ($500
.00).
If Respondents elect not to petition the Illinois
Pollution Control Board, the statutory civil penalty specified above shall be due and payable no later
than
September 15, 2006,
unless otherwise provided by order of the Illinois Pollution Control Board
.
If Respondents elect to contest this Administrative Citation by petitioning the Illinois Pollution
Control Board in accordance with Section 31
.1 of the Act, 415 ILCS 5/31
.1 (2004), and if the Illinois
Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,
Respondents shall be assessed the associated hearing costs incurred by the Illinois Environmental
2
Protection Agency and the Illinois Pollution Control Board
. Those hearing costs shall be assessed
in addition to the statutory civil penalty.
Pursuant to Section 31 .1 (d)(1)
of the Act, 415 ILCS 5/31 .1 (d)(1)
(2004), if Respondents fail
to petition or elect not to petition the Illinois Pollution Control Board for review of this Administrative
Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board shall
adopt a final order, which shall include this Administrative Citation and a finding of violation as
alleged herein, and shall impose the statutory civil penalty specified above
.
When payment is made, Respondents' check shall be made payable to the Illinois
Environmental Protection Trust Fund and mailed to the attention of Fiscal Services, Illinois
Environmental Protection Agency, 1021 North Grand Avenue East, P
.O
. Box 19276, Springfield,
Illinois 62794-9276
. Along with payment, Respondents shall complete and return the enclosed
Remittance Form to ensure proper documentation of payment .
If any civil penalty and/or hearing costs are not paid within the time prescribed by order of
the Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed
against the Respondents from the date payment is due up to and including the date that payment is
received
. The Office of the Illinois Attorney General may be requested to initiate proceedings
against Respondents in Circuit Court to collect said penalty and/or hearing costs, plus any interest
accrued.
3
PROCEDURE FOR CONTESTING THIS
ADMINISTRATIVE CITATION
Respondents have the right to contest this Administrative Citation pursuant to and in
accordance with Section 31
.1 of the Act, 415 ILCS 5/31/1 (2004)
. If Respondents elect to contest
this Administrative Citation, then Respondents shall file a signed Petition for Review, including a
Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois
Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois
60601
. A copy of said Petition for Review shall be filed with the Illinois Environmental Protection
Agency's Division of Legal Counsel at 1021 North Grand Avenue East, P
.O. Box 19276, Springfield,
Illinois 62794-9276 . Section 31
.1 of the Act provides that any Petition for Review shall be filed
within thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution
Control Board shall enter a default judgment against the Respondents
.
7
to
sca=u-
Douglas
P. cott, Director
rte-
Illinois Environmental Protection gency
Prepared by:
Susan E . Santarelli, Legal Assistant
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
Date
912-10(o
DATE OF INSPECTION
:
June 29, 2006
DATE REMITTED:
SS/FEIN NUMBER :
SIGNATURE
:
NOTE
Please enter the date of your remittance, your Social Security number (SS) if an
individual or
Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form
. Be
sure your check is enclosed and mail, along with Remittance Form, to Illinois Environmental
Protection Agency, Attn
. : Fiscal Services, P.O. Box 19276, Springfield, Illinois
62794-9276
.
5
REMITTANCE FORM
RECLERKS CEIVEDOFFICE
AUG 0
7
20p6
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
AC 0 'OO
(IEPA
Pollution OF
Board
Complainant,
)
v.
)
No. 142-06-AC)
LANDFILL 33 LTD ., RICHARD DEIBEL and)
BRIAN HAYES,
)
FACILITY:
SITE CODE NO. : 0498100007
Respondents.
)
Effingham/Landfill 33 Ltd .
COUNTY: Effingham
CIVIL PENALTY
: $500 .00
IN THE MATTER OF : )
Respondent )
Affiant, Deanna Carlock, being first duly sworn, voluntarily deposes and states as follows
:
1
. Affiant is a field inspector employed by the Land Pollution Control Division of the
Illinois Environmental Protection Agency and has been so employed at all times pertinent hereto
.
2
. On June 29, 2006, between 6 :00 a.m
. and 9 :00 a.m .,
Affiant conducted an inspection of the
Landfill 33 Ltd
., Effingham County, Illinois, known as Illinois Environmental Protection Agency
Site No . LPC0498100007
.
3
. Affiant inspected said Landfill 33 Ltd
. by an on-site inspection that included walking the
site, taking photographs, and inspecting operating records
.
Subscribed and Sworn to before me
this2006
.
lc day
of 7) \Ik .
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
AFFIDAVIT
IEPA DOCKET NO.
OFFICIAL SEAL
SHARON IBARGER
NOTARY PUBLIC
. STATq OF ILLINOIS
MY COM
e$sioi
EXPIRE& 0&1646
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
811 Solid Waste Landfill Inspection Checklist
County
:
Effingham
LPC# :
0498100007
Location/Site Name
:
Effingham/Landfill 33 Ltd
Date
:
6-29-06
Time:
From 4:45 a.m .
To
Inspector(s) :
D . Carlock
No. of Photos Taken : #
11
Interviewed :
Brian Hayes, Operator
Permitted Owner Mailing Address
Lori Wendt-Martin, Executor
1713 South Willow St ., P.O. Box 703
Effingham, IL 62401
Chief Operator Mailing Address
Richard Deibel
1713 South Willow, P
.O. Box 703
Effingham, IL 62401
AUTHORIZATION :
Significant Modification Permit
Initial : 1995-231-LFM
Latest 2005-333
Permit Ex
ires : 10-1-06
Revised 9/21/2005
OPERATIONAL STATUS
:
Operating
E
Closed-Not Certified .
Closed-Date Certified :
(811 Solid Waste- 1)
8:45 a .m
. Previous Inspection Date
: 3-31-06
Weather
: Mostly sunny, 65 to 80 degrees F
.
Samples Taken
: Yes #
No N
Facility Phone No
. :
217-342-3747
Permitted Operator Mailing Address
Landfill #33 Ltd .,
Contact
: Brian Hayes
1713 South Willow St ., P.O
. Box { ,
703Effingham,
IL 62401
C
>
Region : 4 -
Champaign
Certified
Operator Mailing Address
,/U/ r
Brian Hayes
200E
1713 South Willow St ., P.O
. Box
703Effingham, IL 62401
TYPE OF OPERATION :
Existing Landfills
814-Subpart C
814-Subpart D
New Landfills :
811 -Putres ./Chem .
N
0
N
1 .
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
423
.
.
.
12(a)9(c)12(d)
CAUSE
CREATE
CAUSE,
OR
THREATEN
A WATER
ALLOW
POLLUTION
OPEN
ORALLOW
BURNINGWATER
HAZARDPOLLUTION
IN ILLINOIS
ON
5.
12(f)
CAUSE, THREATEN OR ALLOW DISCHARGE WITHOUT OR IN
VIOLATION OF AN NPDES PERMIT
N
6.
21 (a)
CAUSE OR ALLOW OPEN DUMPING
N
7.
21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION:
(1)
Without a Permit or in Violation of Any Conditions of a Permit (See Permit
Provisions)
N
(2)
In Violation of Any Requlations or Standards Adopted by the Board
N
8.
21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR
TRANSPORT ANY WASTE INTO THE STATE ATITO SITES NOT
MEETING REQUIREMENTS OF ACT AND REGULATIONS
N
9 .
21(f)(1)
CONDUCT ANY HAZARDOUS WASTE-STORAGE, TREATMENT OR
DISPOSAL OPERATION WITHOUT A RCRA PERMIT
.
N
LPC #
: 0498100007
Inspection Date
: 6-29-06
225 ILCS
23011004
CAUSING OF ALLOWING OPERATION OF A LANDFILL WITHOUT
PROPER COMPETENCY CERTIFICATE
19 .
20 .
10 .
11 .
12 .
15 .
16 .
17 .
18 .
21(o)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(a)
(b)
22 .22(c)
21(t)
21 .6(b)
22 .01
22 .17
22
.23(f)(2)
CONDUCT A SANITARY LANDFILL OPERATION WHICH RESULTS IN ANY OF THE
FOLLOWING CONDITIONS
:
Refuse in
Standinq or Flowinq Water
Leachate Flows Entering Waters of the State
Leachate Flows Exiting the Landfill Confines
Open Burning of Refuse in Violation of Section 9 of the Act
Uncovered Refuse Remaining From Any Previous Operating Day or at the
Conclusion of Any
Operating Day
Failure to Provide Final Cover Within Time Limits
Acceptance of Wastes Without Necessary Permits
Scavenging as Defined by Board Regulations
Deposition of Refuse in Any Unpermitted Portion of the Landfill
Acceptance of Special Waste Without a Required Manifest
Failure to Submit Reports Required by Permits or Board Regulations
Failure to Collect and Contain Litter by the End of each Operating Day
Failure to Submit Any Cost Estimate, Performance Bond or Other Security
CAUSE OR ALLOW A LATERAL EXPANSION OF A MUNICIPAL SOLID
WASTE LANDFILL (MSWLF) UNIT WITHOUT A PERMIT
MODIFICATION
ACCEPTANCE OF LIQUID USED OIL FOR FINAL DISPOSAL
(EFFECTIVE JULY 1, 1996)
FAILURE TO SUBMIT ANNUAL NONHAZARDOUS SPECIAL WASTE
ACCEPTANCE OF LANDSCAPE WASTE FOR FINAL DISPOSAL
CAUSE OR ALLOW THE DISPOSAL OF ANY LEAD-ACID BATTERY
22 .28(b)
ACCEPTANCE OF WHITE GOODS FOR FINAL DISPOSAL
ACCEPTANCE OF ANY USED OR WASTE TIRE FOR FINAL DISPOSAL
55(b)(1) (UNLESS
LANDFILL MEETS EXEMPTION OF
55(b)(1))
CAUSE OR ALLOW THE DISPOSAL OF ANY POTENTIALLY
56 .1 (a)
INFECTIOUS MEDICAL WASTE
745 .181
CHIEF OPERATOR REQUIREMENTS
745
.201
PRIOR CONDUCT CERTIFICATION PROHIBITIONS
0
0
0
LANDFILL POST-CLOSURE CARE
NE
Failure to Monitor Gas, Water, Settling
0
Failure to Take Remedial Action
0
Revised 9/21/2005
(811 Solid Waste-2)
LPC'#
: 0498100007
Inspection Date
: 6-29-06
e
Retention of Special Waste Manifests
2
24.
25.
(a)
Delivery of Special Waste to Hauler
809 .301
REQUIREMENTS FOR DELIVERY OF SPECIAL WASTE TO HAULERS
REQUIREMENTS FOR ACCEPTANCE OF SPECIAL WASTE FROM
809 .302(a)
HAULERS
MANIFESTS, RECORDS, ACCESS TO RECORDS, REPORTING REQUIREMENTS
809.501
AND FORMS
0
0
Revised 9/21/2005
(811 Solid Waste- 3)
26.
811 .103
SURFACE WATER DRAINAGE
(a)
Runoff from Disturbed Areas
O
(b)
Diversion of Runoff from Undisturbed Areas
LI
27.
811 .104
SURVEY CONTROL
(a)
Boundaries Surveyed and Marked
(b)
Stakes and Monuments Marked
0
(c)
Stakes and Monuments Inspected,
0
(d)
Control Monument Established and Maintained
O
28.
811 .105
COMPACTION
LI
29.
811 .106
DAILY COVER
(a)
Six Inches Soil
(b)
Alternative Daily Cover
30.
811 .107
OPERATING STANDARDS
(a)
Phasinq of Operations
0
(b)
Work Face Size and Slope
O
(c)
Equipment
0
(d)
Utilities
0
(e)
Maintenance
O
(f)
Open Burninq
O
(q)
Dust Control
0
(h)
Noise Control
O
(i)
Vector Control
(j)
Fire Protection
El
(k)
Litter Control
0
(I)
Mud Trackinq
LI
(m)
Liquid Restrictions for MSWLF Units
El
31 .
811 .108
SALVAGING
i
(a)(b)
Safe
Salvaging
and Sanitary
Interferes
Mannerwith
Operation
(c)
Management of Salvageable Materials
LPC #
: 0498100007
Inspection Date : 6-29-06
Revised 9/21/2005
(811 Solid Waste-4)
32.
811.109
(a)
Access
BOUNDARY
RestrictedCONTROL
∎
(b)
Proper Sign Posted
33.
811
.110
CLOSURE AND WRITTEN CLOSURE PLAN
NE
(a)
Final Slopes and Contours
(b)
Drainage Ways and Swales
∎
(c)
Final Configuration
(d)
Written Closure Plan
(e)
Initiation of Closure Activities at MSWLF Units
El
(f)
Completion of Closure Activities at MSWLF Units
(g)
Deed Notation for MSWLF Units
34.
811 .111
POST-CLOSURE MAINTENANCE
NE
(a)
Procedures After Receipt of Final Volume of Waste
(b)
Remove All Equipment of Structures
(c)
Maintenance and Inspection of the Final Cover and Vegetation
(d)
Planned Uses of Property at MSWLF Units
35.
811 .112
RECORDKEEPING REQUIREMENTS FOR MSWLF UNITS
(a)
Location Restriction Demonstration
(b)
Load Checking Requirements
(c)
Gas Monitoring Records
(d)
MSWLF Liquid Restriction Records
(e)
Groundwater Monitoring Program Requirements
(f)
Closure and Post Closure Care Requirements
36.
(g)
811 .302
Cost Estimates and Financial Assurance Requirements
FACILITY LOCATION
(c)
Site Screening (Does Not Apply To Part 814-Subpart D Sites)
37 .
811 .309
LEACHATE TREATMENT AND DISPOSAL SYSTEM
(a)
General Requirements
(c)
Standards for On-Site Treatment and Pretreatment
(d)
Standards for Leachate Storage System
(e)
Standards for Discharge to Off-Site Treatment
(f)
Standards for Leachate Recycling Systems
(g)
Standards for Leachate Monitoring Systems
38.
811 .310
LANDFILL GAS MONITORING
(FOR SITES ACCEPTING PUTRESCIBLE WASTE)
NE
(b)
Location and Design of Gas Monitoring Wells
(c)
Monitoring Frequency for Landfill Gas
O
(d)
Monitoring Parameters
Revised 9/21/2005
(811 Solid Waste-5)
39
.
811
.311
LANDFILL GAS MANAGEMENT SYSTEM (FOR CHEMICAL AND PUTRESCIBLE
LANDFILLS)
NE
(a)
Conditions for Installation of Gas Management System
(b)
Notification and Implementation Requirements
( c)
Standards for Gas Venting
(d)
Standards for Gas Collection
40.
811 .312
LANDFILL GAS PROCESS AND DISPOSAL SYSTEM
NE
(c)
No Unpermitted Gas Discharge
∎
(d)
Gas Flow Rate Measurements into Treatment of Combustion Device
(e)
Standards for Gas Flares
(f)
Standards for On-Site Combustion of Landfill Gas Using Devices Other
(g)
Gas Transported Off-Site
41 .
811 .313
INTERMEDIATE COVER
(a)
Requirements for the Application for Intermediate Cover
(b)
Runoff and Infiltration Control
(c)
Maintenance of Intermediate Cover
42 .
811 .314
FINAL COVER SYSTEM (DOES NOT APPLY TO PART 814 SITES THAT HAVE CLOSED,
COVERED AND VEGETATED PRIOR TO SEPTEMBER 18, 1990)
(a)
General Requirements
(b)
Standards for Low Permeability Layer
(c)
Standards for Final Protective Layer
43 .
811 .316
PLUGGING AND SEALING OF DRILL HOLES
44 .
811 .321
WASTE PLACEMENT
(a)
Phasing of Operations
(b)
Initial Waste Placement
45 .
811 .322
FINAL SLOPE AND STABILIZATION
(a)
Grade Capable of Supporting Vegetation and Minimizing Erosion
(b)
Slopes Required to Drain
(c)
Vegetation
∎
(d)
Structures Built over the Unit
46.
811 .323
LOAD CHECKING PROGRAM
(a)
Load Checking Program Implemented
(b)
Load Checking Program for PCB's at MSWLF Units
∎
(c)
Load Checking Program Components
(d)
°
A T
Handling Regulated Hazardous Wastes
A E E
F
IA
AS Mb:LWANDFI'
47.
811 .402
NOTICE TO GENERATORS AND TRANSPORTERS
48.
811 .403
SPECIAL WASTE MANIFESTS REQUIREMENTS
49.
811 .404
IDENTIFICATION RECORD
(a)
Special Waste Profile Identification Sheet
(b)
Special Waste Recertification
50.
811 .405
RECORDKEEPING REQUIREMENTS
Revised 9/21/200 5
(811 Solid Waste-6)
51 .
811 .406
PROCEDURES FOR EXCLUDING REGULATED HAZARDOUS
WASTES
B'P g
I'NAN I
.U 'A
∎
52.
53.
54
.
55.
LID
56 .
W'AS
57 .
58.
OTHER :
APPARENT VIOLATION OF : ( )
PCB ; ( ) CIRCUIT COURT
CASE NUMBER :
ORDER ENTERED ON
:
m
Permit
Uncovered refuse remaining from a previous operating day
59.
Condition
11(2)(f)
Permit
Uncontrolled vectors [gulls and vultures]
Condition
11(19)
Informational Notes
1 . [Illinois] Environmental Protection Act: 415 ILCS 5/4 .
2
. Illinois Pollution Control Board : 35 III . Adm . Code, Subtitle G .
3 . Statutory and regulatory references herein are provided for convenience only and should not be
construed as legal conclusions of the Agency or as limiting the Agency's statutory or regulatory
powers
. Requirements of some statutes and regulations cited are in summary format . Full text
of requirements can be found in references listed in 1 . and 2 . above .
4 . The provisions of subsection (o) of Section 21 of the [Illinois] Environmental Protection Act shall
be enforceable either by administrative citation under Section 31 .1 of the Act or by complaint
under Section 31 of the Act .
5 . This inspection was conducted in accordance with Sections 4(c) and 4(d) of the [Illinois]
Environmental Protection Act
: 415 ILCS 5/4(c) and (d) .
6 . Items marked with an "NE" were not evaluated at the time of this inspection
.
DESCRIPTION OF VIOLATION
(condition # of permit, page # of permit, and/or page # of approved application)
ConditionII(2)(f),page5
Condition II(19), page 12
Revised 9/21/2005
(811 Solid Waste- 7)
Illinois Environmental Protection Agency
Bureau of Land+Field Operations Section *Champaign
LPC# 0498100007-Effingham County
Effingham/Landfill 33 Ltd.
FOS File
Inspector : Deanna Carlock
Inspection Date : 29 June 2006
Permit No . 1995-231-LFM, Modification 16; Expiration date: October 1, 2006 (Renewal
Application received-see narrative)
GIS Data: Latitude-N 39'06' 06", Longitude-W 088 ° 31' 33" (Garmin GPSMAP 76S)
LANDFILLINSPECTION NARRATIVE
On June 29, 2006, I conducted a quarterly landfill inspection at the above-referenced facility from
approximately 5 :50 to 9 :00 a .m. The purpose of the inspection was to determine compliance with 35
Illinois Administrative Code Section 811 (Regulations) and the Environmental Protection Act (Act) .
The weather was sunny and the temperature warmed up from 65 to 80"F . The soil was dry . Eleven
photos were taken during the inspection . During the records inspection facility operator, Brian Hayes,
and office associate Jennifer Buening were interviewed .
Background Information :
Landfill 33 Ltd . is located southeast of Effingham, Illinois, on State Route 33 . The landowners are Lori
Wendt-Martin, Landfill 33, Ltd . and Richard Deibel . Richard Deibel is President of Landfill 33 Ltd
.,
which operates the landfill . Brian Hayes is the Site Manager and Certified Operator
. Permitted
operating hours are 5 :00 a .m . to 7 :00 p.m. Monday through Saturday
. Local waste hauling company,
Sanitation Services of Effingham, operates from the same site
. The landfill is open to the public
beginning at 7 :00 a .m.
Daily Cover/Active
Fill Area, Landfill Slopes and Perimeters :
When I arrived at the landfill at 5 :00 a .m. the entrance gates were closed, locked, and no one was
present
. I left the site and returned to the entrance later . An employee arrived about 5 :55 a.m . and
opened the gates . I drove back to the operating cell and into it from the south side . The first thing I
noticed were 5 or 6 buzzards (turkey vultures) sitting and walking around on the ground on the north
side of the black geotextile cover . As I drove into the cell, I also saw several gulls flying from the
ground. Realizing I did not have a camera with me, I drove to the nearest convenience store and
purchased a disposable camera and returned to the cell
. Employees had not yet arrived at the working
face and the birds were still walking on uncovered waste next to the daily cover
. Two buzzards were
still on the ground when I took Photo #3, with zoom lens, but they do not show up in the photo
. As I
approached closer, they flew to the trees west of the landfill.
Although the cover had been pulled over the main parts of the landfill face, the material did not cover
waste on the edges of the cover for several feet (see Photos #2 through 5)
. From the upper elevation I
could also see that there was a gap of 3 to 4 foot width in the black cover on the north side (see Photo
#6), The birds had been in contact with the uncovered waste .
Employees removed the daily cover about 6
:30 a.m. and the first garbage trucks began arriving .
0498100007-Effingham County
Effingham/Landfill 33 Ltd .
29 June 2006
Groundwater monitoring reports are received electronically and not readily available for review by this
inspector
. Fourth Quarter 2005 data was received by the Agency on March 3, 2006
.
The last annual Groundwater Flow Evaluation was received on July 15, 2005
. Flow is generally to the
south and southeast .
The latest Solid Waste Landfill Capacity Certification was received March 24, 2006, dated January 1,
2006
. During the 2005 year 278,008 cubic yards of waste were received. At that rate, there were 11
years of operation remaining
.
Solid Waste Fees for the First Quarter 2006 were received on April 14, 2006
. The total of waste
received for that period was 29,991
.03 tons.
The latest Annual Facility Report dated May 1, 2006 was received May 1, 2006
. The facility plans to
apply final cover to 7 acres during 2006 .
Apparent Violations Observed During this Inspection :
1 .
Pursuant to Section 21(d)(1) of the Act, in relevant part, no person shall conduct any waste-
storage, waste-treatment, or waste-disposal operation without a permit granted by the Agency or
in violation of any conditions imposed by such permit, including periodic reports and full access
to adequate records and the inspection of facilities, as may be necessary to assure compliance with
this Act and with regulations and standards adopted there under
.
A violation of Section 21(d)(1) of the [Illinois] Environmental Protection Act (415 ILCS
5/21(d)(1)) is alleged for the following reason
: You are in violation
of the permit
conditions noted in Items 6 and 7 below .
2.
Pursuant to Section 21(d)(2) of the Act, no person shall conduct any waste-storage, waste-
treatment, or waste-disposal operation in violation of any regulations or standards adopted by
the Board under this Act .
A violation of Section 21(d)(2) of the [Illinois] Environmental Protection Act (415 ILCS
5/21(d)(2)) is alleged for the following reason
:
You are in violation of regulations as noted
in Item 4 & 5 below.
Pursuant to Section 21(o)(5) of the Act, no person shall conduct a sanitary landfill operation
which is required to have a permit under subsection (d) of this Section, in a manner which
results in uncovered refuse remaining from any previous operating day or at the conclusion of
any operating day, unless authorized by permit
.
3
0498100007--Effngham County
Effingham/Landfill 33 Ltd.
FOS File
Inspector: Deanna Carlock
Inspection Date: 29 June 2006
Cardboard Bldg
Scrap Metal
Active Cell
.
5-a
'-4
1
3
T-1
7
N
Waste Boundary
Waste Boundary
Site Photo Map
Office
Map not to Scale
Arrows indicated direction
and location of
Photos
I
I
Empty
I
Container Storage,
I
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
0498100007
- Effingham County
Effingham/Landfill 33 Ltd
FOS File
DIGITAL PHOTOGRAPHS File Names
: 0498100007-06292006{Exp . #].jpg
Date:
6-29-06
Time:
6:15 a.m.
Direction: East
Photo by : D. Carlock
Exposure # : 001
Comments:
East side of cell, with
light-colored sandbags
on the sidewall liner .
Date:
6-29-06
Time: 6:15-6:30 a.m
.
Direction: West
Photo by: D
. Carlock
Exposure # : 002
Comments:
n--- n -( r
Illinois Environmental Protection Agency 0498100007 - Effingham County
Bureau
Division of Land
of
Pollution
Land
Control
Effingham/Landfill 33 Ltd
FOS File
DIGITAL PHOTOGRAPHS File Names
: 0498100007-06292006{Exp
. #] .jpg
Date:
6-29-06
Time: 6:15-6
:30 a .m .
Direction : West
Photo by : D . Carlock
Exposure # : 003
Comments
:
Uncovered waste
Date
:
6-29-06
Time
: 6:15-6 :30 a .m.
Direction : West
Photo by
: D . Carlock
Exposure #
: 004
Comments :
Uncovered waste
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
0498100007 - Effingham County
Effingham/Landfill 33 Ltd
FOS File
DIGITAL PHOTOGRAPHS File Names : 049810000706292006{Exp . #].jpg
Date:
6-29-06
Time: 6:15-6 :30 a
.m
.
Direction : West
Photo by: D. Carlock
Exposure # : 005
Comments:
Uncovered waste
outside of daily cover .
Date:
6-29-06
Time:
6:15-6 :30 a.m .
Direction : South
Photo by
: D
. Carlock
Exposure #
: 006
Comments:
Note strip of waste
showing through torn
black daily cover.
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS File Names : 0498100007-06292006{Exp . #j.jpg
0498100007 - Effingham County
Effingham/Landfill 33 Ltd
FOS File
Date:
6-29-06
Time: 6:15-6 :30 a.m.
Direction : Northwest
Photo by: D. Carlock
Exposure #: 007
Comments:
Tan cover on left; black
cover on right, with
waste showing. Pile of
shredded railroad ties is
used for roadways.
Date:
6-29-06
Time:
6
:35 a .m
.
Direction : North
Photo by: D. Carlock
Exposure #: 008
Comments
:
Working cell with daily
cover removed.
,---
. -L ,
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
0498100007 - Effingham County
Effingham/Landfill 33 Ltd
FOS File
DIGITAL PHOTOGRAPHS
File Names: 0498100007-06292006{Exp
. #j.jpg
Date:
6-29-06
Time:
9:00 a.m.
Direction : Southeast
Photo by: D. Carlock
Exposure # : 009
Comments:
Sign at Entrance
Date:
6-29-06
Time:
9:00 a.m.
Direction : Southwest
Photo by: D
. Carlock
Exposure #
: 010
Comments:
Sign at Entrance
Illinois Environmental Protection Agency
Bureau of Land
Division of Land Pollution Control
DIGITAL PHOTOGRAPHS File Names
: 0498100007-06292006{Exp . #] .jpg
Date:
6-29-06
Time:
9:00 a.m.
Direction : South
Photo by: D. Carlock
Exposure # : 011
Comments: Entrance
Gate near Route 33 .
Lawnmower on right
0498100007 - Effingham County
Effingham/Landfill 33 Ltd
FOS File
JESSE WHIlE
SECRETARY OF STATE
SERVICES
PROGRAMS
PRESS
SERVICES
PUBLICATIONS
PROGRAMS
PRESS
PUBLICATIONS
DEPARTMENTS CONTACT
BACK TO C
YBERDRIVEILLINOIS .CO M
httn://c8ypnod.i{oox
.uot/CozpSooro6VVoh/Cnrpora(iouSrorubServlot
7/\4/200h
Incorporation Date
(Domestic)
02/04/1981
LUNOIS
I
Agent Street Addres
303 S SEVENTH ST
sident Name 8~ Address
~IGHARD DEIBEL 804 N
62401
Agent City
VANDAUA
Secretary Nam, & Add,,,, RUTH
BEL 202 N
WILLOWSTREET
624710000
PERPETUAL
AnnualRe
Dat
port
2006
CORPORATION FILE DETAIL REPORT
l
15229120
!
_ /
sows
GOODSTANDING
/
EntipiType
CORPORATION
PROOF OF SERVICE
I hereby certify that I did on the 2nd day of August 2006, send by Certified Mail, Return Receipt
Requested, with postage thereon fully prepaid, by depositing in a United States Post Office Box a true
and correct copy of the following instrument(s) entitled ADMINISTRATIVE CITATION,
AFFIDAVIT, and 811 SOLID WASTE LANDFILL INSPECTION CHECKLIST
To : Landfill 33 Ltd .
Richard Deibel
1713 South Willow St .
804 Glenwood
P.O
. Box 703
Effingham, IL 62401
Effingham, IL 62401
7oo4 a_t/o
000 i
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c-*r70o4 a1S/o cxX0i
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Brian Hayes
1713 South Willow St .
Effingham, IL 62401
700'# as,o
0001
sc88'
085'6
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R
. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
UMichelle
M
. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
